Assam Information Commission (AIC) Asks Dispur To Bring CID & BIEO Under RTI Act

GUWAHATI: In a move aimed at bringing about more transparency in the functioning of the Assam Police, the Assam Information Commission (AIC) has recommended inclusion of Criminal Investigation Department (CID) and Bureau of Investigation of Economic Offences (BIEO) under the Right to Information (RTI) Act, 2005.

Under Section 24 (4) of the RTI Act, the Assam Government had issued a notification dated March 8, 2006, listing nine “intelligence and security” organizations including the CID and BIEO exempting them from the purview of the Act.

The annual report of the AIC for 2017-18, which was tabled in the Assembly recently, said that as the very names of CID and BIEO suggest that they are investigating agencies and not intelligence and security organizations. So, the official notification dated March 8, 2006, does not hold good for the CID and BIEO.

The annual report further said that Section 8 (1) (h) of the RTI Act gives both CID and BIEO reasonable and adequate exemptions to maintain confidentiality of the investigation process.

“Therefore, exempting these two investigating agencies under (CID & BIEO) Section 24 (4) of the RTI Act appears to be not consonant with Section 24 (4) of the Act, which is meant only for intelligence and security organizations,” the report said. The AIC has, therefore, recommended deletion of CID and BIEO from the list of exempted organizations from the RTI Act purview.

The report also mentioned that under Section 4 (1) of the RTI Act, every public authority has obligation to publish certain information under 17 items within 120 days from the enactment of the Act.

It has, however, come to the notice of the AIC that even after lapse of more than 12 years, majority of the departments have not taken concrete steps for disclosure of the information suo motu.

The commission has recommended that the chief secretary issues instructions to all administrative departments for immediate compliance of Section 4(1) (b) and 4(2) of the RTI Act by them and by all the public authorities under them within 60 days from the date of issuing such information and take exemplary action against those who fail to comply with these statutory provisions.

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